- 1 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13882 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: 1. SRI G.R. PARTHA SARATHI S/O RATHNAM, AGED 62 YEARS, 2. SMT M. SARASWATHI S/O G.R. PATHASARATHI, AGED 54 YEARS, BOTH ARE RESIDING AT NO.1694, 2A BLOCK, AEGS LAYOUT, NEAR HDFC BANK, HOSA ROAD, SINGASANDRA, BENGALURU - 560 068. …PETITIONERS (BY SRI. RAGHAVENDRA A.V., ADVOCATE) AND: STATE OF KARNATAKA MADIWALA POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO PASS AN ORDER IN CRIME NO.583/2009 (C.C.NO.19518/2010) OF MADIWALA POLICE STATION AT BENGALURU AND ALSO PENDING BEFORE VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 419, 420, 447, 448, 471, 474 AND 506 OF IPC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 and 2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.583/2009 of Madivala Police Station, pending in C.C.No.19518/2010 on the file of VI Additional Chief Judicial Magistrate, Bengaluru, registered for offences punishable under Sections 419, 420, 447, 448, 471, 474 and 506 of Indian Penal Code. - 3 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, the case has been registered against the petitioners on the basis of the private complaint filed by the complainant. The said private complaint has been referred to Police and Police registered FIR. After the investigation, charge sheet has been filed against the petitioners. The petitioners have not received any notice, warrant or summons from any Court. The petitioners are residing in the address shown in the petition and in support of the same, Aadhar cards of the petitioners are produced. The proclamation alleged to have been published is not in the address of the petitioners. Petitioner No.2 who is the wife of petitioner No.1 has filed a complaint in the same Police Station i.e., Madivala Police Station on 25.02.2019 and she has not been arrested on that day when she went to Madivala Police Station for filing complaint. The said - 4 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 aspect indicates that the petitioners are available and no notice, summons or warrant have been served on them. The petitioners are ready to abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, earlier, the petitioners have sold the property to C.W.1 and C.W.2. Subsequently, sold the same property to C.W.6 and C.W.7 and cheated C.W.1 and C.W.2. The charge sheet has been filed against the petitioners. The petitioners inspite of issuance of NBW have not appeared and proclamation has been published. Therefore, the petitioners are not entitled for grant of anticipatory bail. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 6. The petitioners are accused Nos.1 and 2 and charge sheet has been filed against them in Crime No.583/2009 and in the charge sheet, the petitioners have been shown as absconding. The address shown in the petition and Aadhar card of the petitioners are same. The proclamation has been issued to address mentioned in the charge sheet and it has been published on 05.01.2019 as per mahazer dated 05.01.2019. Petitioner No.2 who is the wife of petitioner No.1 has appeared before the same Police Station i.e., Madivala Police Station and filed a complaint on 25.02.2019 and it is registered in NCR No.72/2019. Even though, petitioner No.2 has appeared before the same Police Station, she has not been arrested. The address mentioned in the said Police acknowledgment is 'A' Block, AECS Layout, Singasandra, Bengaluru. Considering the said aspect, it is clear that the petitioners are not aware of filing of charge sheet against them. - 6 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 7. The Hon'ble Apex Court in the case of ASHA DUBEY vs. STATE OF MADHYA PRADESH reported in 2024 SCC Online SC 5633, has held as under: "8. Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail. 9. When the liberty of the appellant is pitted against, this Court will have to see the circumstances of the case, nature of the offence and the background based on which such a proclamation was issued. Suffice it is to state that it is a fit case for grant of anticipatory bail, on the condition that the appellant shall cooperate with the further investigation. However, liberty is also given to the respondents to seek cancellation of bail that has been granted, in the event of a violation of the conditions which are to be imposed by the Trial Court or if there are any perceived threats against the witnesses." - 7 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 The offences alleged against the petitioners are not punishable either with death or imprisonment for life. 8. Considering the circumstances of the case, nature of the offence and background based on which such a proclamation was issued, the petitioners are entitled to grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.583/2009 of Madivala Police Station, pending in C.C.No.19518/2010 on the file of VI Additional Chief Judicial Magistrate, Bengaluru and are ordered to be released on bail in the event of their arrest, subject to following conditions: i) The petitioners shall voluntarily appear before the jurisdictional Court within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the - 8 - HC-KAR NC: 2026:KHC:9963 CRL.P No. 13882 of 2025 like-sum to the satisfaction of the jurisdictional Court. ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioners shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 31